A brother-sister partnership won't be able to further develop its land east of Casper after the Natrona County Commission voted to make Ardon Lane a private road in June, according to a petition filed by R.A. Swinney LLLP in 7th District Court in July.

"The Board's Resolution was arbitrary, capricious, an abuse of discretion and otherwise not in accordance with law," according to appeal for a court hearing filed by the limited liability limited partnership's attorneys R.E. Rauchfuss and Tamara Schroeder.

Their petition for a 7th District Court judge to review the commission's decision affects their own property use, and the judge's decision could affect long-term development for growing neighborhoods in east Casper, Schroeder said Monday.

The partnership of Roger and Carol Swinney owns 130 acres east of Ardon Lane, which extends north from Country Club Road east of Wyoming Boulevard.

In October, 19 Ardon Lane property owners petitioned the commission to take the road private.

Attorney David Drell represented the owners and told commissioners at a May 15 public hearing the road privatization would not restrict landowners like Roger Swinney, nor would it affect longterm city and county development guidelines.

But Swinney responded his family formed the Ardon Subdivision from their land and they intended the road to remain public, adding he learned of the commission's public hearing at the last minute.

On June 5, the commissioners approved a resolution to take the road private, and issued a resolution to that effect on June 20.

The resolution allows area landowners to use Ardon Lane to get to their property for current uses, but would restrict further development, Schroeder said.

It would restrict the Swinneys or those who lease from them to develop their property later, such as building a house, Schroeder said.

There are bigger issues, too, she said.

Former Casper Mayor Renee Burgess wrote former Commission Chairman Drew Perkins in December, urging the commission to deny the Ardon Lane petition because the pace of new construction requires orderly development including the ability to connect streets, according to the Swinney petition.

The Natrona County Planning Commission and the county's development department staff also urged denial of the petition because privatizing Ardon Lane would violate road requirements of county subdivision regulations, and would conflict with a county long-range transportation plan and the Casper East Side Transportation Study.

R.A. Swinney LLLP claimed the Natrona County Commission exceeded its authority by limiting the partnership's ability to build, and it violated the partnership's right to due process to adequately speak at the May 16 meeting.

The partnership did not name Ardon Lane property owners in the petition because the issue centers on the commission's resolution, Schroeder said.

If the county does not respond in about 20 days, she and Rauchfuss will ask district court to formally take the case.

Natrona County Attorney Eric Nelson had no comment on the merits of the partnership's petition.

On a procedural basis, however, Nelson said the judge would give R.A. Swinney LLLP 30 days to file a brief supporting the petition, and the county would have another 30 days to file a response.

Both sides probably would be able to present oral arguments to the judge, who would take the case under advisement and issue an order later, Nelson said.

If the partnership loses, it could file an appeal with the Wyoming Supreme Court, he said.

If the county loses, Nelson would need the commission to direct him how to proceed with a possible appeal, he said.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@casperstartribune.net.